MOELLER v. ASSOCIATED HOSP. SERV. OF CAPITAL DIST.


304 N.Y. 73 (1952)

Robert H. Moeller, Respondent, v. Associated Hospital Service of Capital District, Appellant.

Court of Appeals of the State of New York.

Decided April 17, 1952


Attorney(s) appearing for the Case

J. Vanderbilt Straub and Joseph Boochever for appellant.

William C. Breed, Jr., and John L. Shurtleff for Associated Hospital Service of New York, amicus curiæ, in support of appellant's position.

Thomas V. Kenney and Lindsley McChesney for respondent.

LOUGHRAN, Ch. J., DESMOND and DYE, JJ., concur with FROESSEL, J.; FULD, J., dissents in opinion in which LEWIS and CONWAY, JJ., concur.


FROESSEL, J.

Plaintiff had a contract for hospital insurance with defendant, a nonprofit corporation organized under the Insurance Law of this State. Paragraph III of its policy defined "Hospital Service", but as an exclusion under subdivision 4f provided: "Hospital Service provided for under any Compensation Law, or other law enacted by the Legislature of any State or the Congress of the United States."

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases